10-42 148
10-42 148
| Board of Vet. App. | Jun 23, 2017Background
- Veteran served on active duty Oct 1970–Jul 1991 and appealed VA denials (Jun/Oct 2009) for service connection for right hand, right foot, and right hip osteoarthritis (status post total hip replacement).
- Veteran perfected an appeal to the Board; a Central Office hearing was held in Nov 2016 and the record was held open for submission of evidence.
- In Mar–Apr 2016 the Veteran expressly confirmed withdrawal of the appeals for right hand and right foot osteoarthritis.
- The Veteran contends his service‑connected multiple myeloma caused or aggravated his right hip, leading to the hip replacement; the record includes an article describing multiple myeloma’s effects on bone.
- A prior VA exam (Oct 2010) provided a negative opinion on direct service connection for the right hip; the Board found further development necessary to address secondary service connection.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to service connection — right hand osteoarthritis | Veteran accepted findings and withdrew the appeal | No opposition to withdrawal | Appeal dismissed for lack of appellate allegations (withdrawn) |
| Entitlement to service connection — right foot osteoarthritis | Veteran accepted findings and withdrew the appeal | No opposition to withdrawal | Appeal dismissed for lack of appellate allegations (withdrawn) |
| Entitlement to service connection — right hip osteoarthritis (including secondary to multiple myeloma) | Right hip disorder (post‑THR) was caused/ aggravated by service‑connected multiple myeloma | Prior VA exam negative for direct service connection; RO needs further development on secondary theory | REMANDED for DBQ, new VA exam addressing secondary service connection, rationale, consideration of submitted article, and readjudication |
Key Cases Cited
- Kutscherousky v. West, 12 Vet. App. 369 (1999) (appellant retains right to submit additional evidence after Board remand)
